Infringement Notice Scheme – New Provisions (NNF 2014/012)

The Australian Customs and Border Protection (ACBP) yesterday evening posted to its website ACBP Notice (ACBPN) No 2014/07 which advised as to the commencement of changes to the Infringement Notice Scheme (INS) effective 1 February 2014. Also included with the ACBPN was the Infringement Notice Scheme-Guide (INSG) which sets out in very broad terms the manner and form of how the ACBP will administer the Scheme.

Members should take particular note of the significant change in penalty units values and the new circumstances where penalties will now apply for example:

Section 71 AAAQ(1)                                 
Section 181(5)
Section 183 CGC(1)
Section 243SA/SB

As members will be aware this INS was raised for their notation in the Web Communicator Issue 21 Infringement Notice Scheme Guide and in NNF 2013/105  where advice was provided as to Customs Amendment Infringement Notices Regulation 2013 and the ACBP Exposure Draft of the Customs Amendment Infringement Notice Regulations 2013 and associated Draft INSG ACBPN 2013/52.

The CBFCA and others in the industry, provided submissions to the ACBP on the Exposure Draft and in particular the Guide, which in terms of the previous INS guidelines was found to be deficient in terms of prescription, direction and guidance to delegates on policy implementation. The CBFCA was of the opinion such deficiencies encourage inconsistency in process application.

The consideration by ACBP not only on the CBFCA’s, but all of industry's submissions did not result in any further consultation or appropriate consideration by the ACBP on changes to the Guide notwithstanding the commentary in the ACBPN 2014/07  to the effect “the INS Guide incorporates some of the feedback we received from industry”.

So as to ensure members understand the change in circumstances and practice of the INS the Customs Brokers and Forwarders Council of Australia Inc. will deliver a member webinar 6 February 2014 so members have the opportunity to learn more about the changes and how these will affect their staff and business interests. Details on the webinar time will be provided separately to members.

Infringement Notice Scheme Guide

CBFCA Team